In this five-part podcast series sponsored by AMI, Tom Fox is joined by Don Stern. Together they consider how defense counsel can work proactively with independent monitors to help clients who may have sustained an ethical or compliance violation or are under government scrutiny for allegations of illegal misconduct in a wide variety of industries, disciplines and corporate settings.
Listen to the full series below, or wherever you listen to podcasts.
In this first episode, they introduce the concept of defense counsel working with independent monitors.
This week, in the second episode, Don Stern and Tom Fox take a deep dive into the nuts and bolts of defense counsel working with a third-party independent. They explore basic questions around the attorney/client privilege, review the steps an independent third-party monitor should take, and the always difficult decision on self-disclosure.
In Part three we discuss case studies where a 3rd party independent was brought in by defense counsel to help defend a company. Case studies are something every lawyer and compliance practitioner responds to because it presents real facts and events that the corporate compliance discipline can learn from and hopefully incorporate these lessons learned into their organizations.
In part 4, Tom Fox and Don Stern look at a third-party independent monitoring in the health care industry. In many ways the health care arena can be similar to other business, with their need to work with third-party independents. Stern said, “the cost of getting it wrong these days is very high,” and bringing in a third-party independent on a proactive basis can really work as a business advantage.
Many people might not consider the need for a third-party independent in the non-profit setting. In this concluding episode, we look at a third-party independent in non-profit setting and how it could help universities survive Varsity Blues.